Penal Code § 38.03(a) · Class A misdemeanor

RESIST ARREST SEARCH OR TRANSPTexas Penal Code (PC) § 38.03(a)

“RESIST ARREST SEARCH OR TRANSP” stands for Resisting Arrest Search or Transport, a Class A misdemeanor under Texas Penal Code (PC) § 38.03(a). It is punishable by up to 1 year in county jail and a fine up to $4,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

57%
Not convicted
212 days
Median time to resolve
$2,500
Median bail

What does “RESIST ARREST SEARCH OR TRANSP” mean?

“RESIST ARREST SEARCH OR TRANSP” stands for Resisting Arrest Search or Transport, a Class A misdemeanor under Texas PC § 38.03(a).

Texas Penal Code § 38.03 defines resisting arrest, search, or transportation. The State must prove that a person intentionally prevented or obstructed someone the person knew was a peace officer — or a person acting in a peace officer's presence and at the officer's direction — from effecting an arrest, search, or transportation of the actor or another, and that the person did so by using force against the officer or another. The force element separates this offense from evading arrest, which involves flight rather than force, and from interference offenses involving mere argument or passive noncompliance. The statute expressly provides that it is no defense that the arrest or search was unlawful. The mental state has two parts: knowledge of the officer's status and the intent to prevent or obstruct the arrest, search, or transportation.

What usually happens to a RESIST ARREST SEARCH OR TRANSP charge?

57% ended without a conviction, 9% in deferred adjudication and 34% in a conviction.

How 6,879 resolved RESIST ARREST SEARCH OR TRANSP charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

57%
Not convicted (3,909)
Dismissed by the prosecutor49%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge3%
Dismissed — refiled or handled in another case5%
Acquitted at trial0%
9%
Deferred adjudication (594)
Deferred adjudication9%
34%
Convicted (2,352)
Guilty or no-contest plea31%
Plea to a lesser charge3%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris1,188 72%4%24% 222
Galveston1,171 64%3%33% 196
Collin1,013 29%25%47% 161
Dallas669 79%4%16% 182
Hays635 61%5%34% 371
Denton567 33%14%53% 221
Brazoria550 42%8%50% 163
Williamson420 72%5%22% 275
FortBend210 70%8%23% 294
Comal188 54%14%29% 150

Outcome is the final disposition recorded on the charge. “Other” (24) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How long does a RESIST ARREST SEARCH OR TRANSP case take to resolve?

Typically about 7 months: half of resolved cases closed within 212 days of filing.

Across 6,878 resolved RESIST ARREST SEARCH OR TRANSP charges filed 2019–2023, the median time from filing to disposition was 212 days. The middle half took between 85 and 402 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real RESIST ARREST SEARCH OR TRANSP cases end?

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

26-CCR-249990 · FortBend County
Filed Jun 10, 2026 → Dismissed by the prosecutor Aug 21, 2026 (2 months) · plea: not guilty
Dismissed
CR-2025-08470-D · Denton County
Filed Oct 15, 2025 → Dismissed by the prosecutor Aug 21, 2026 (10 months)
Dismissed
2026NPA0864 · Comal County
Filed Aug 20, 2026 → Dismissed by the prosecutor Aug 20, 2026
Non-Prosecution Affidavit
61,027 · Bastrop County
Filed Feb 17, 2026 → Dismissed — refiled or handled in another case Aug 20, 2026 (6 months) · plea: guilty
Unadjudicated- as per 12:45

Deferred adjudication

2025CR1254 · Comal County
Filed Dec 19, 2025 → Deferred adjudication Aug 6, 2026 (8 months) · plea: guilty
CSCD 20 Months
CR-2026-01346-C · Denton County
Filed Mar 10, 2026 → Deferred adjudication Aug 5, 2026 (5 months) · plea: nolo contendere
CSCD 12 Months with Community Service of 80 Hours
196158401010 · Harris County
Filed Apr 26, 2026 → Deferred adjudication Jul 30, 2026 (3 months)
270280 · Brazoria County
Filed Nov 18, 2025 → Deferred adjudication Jul 21, 2026 (8 months) · plea: guilty
CSCD 12 Months with Community Service of 0 Hours $400 fine. No ET.

Ended in a conviction

CR-2025-09344-C · Denton County
Filed Nov 24, 2025 → Guilty or no-contest plea Aug 26, 2026 (9 months) · plea: nolo contendere
Confinement to Commence 08/26/2026 10 Days , County Jail, Denton County Jail Jail Credit 10 Days
26-CCR-250406 · FortBend County
Filed Jun 23, 2026 → Guilty or no-contest plea Aug 25, 2026 (2 months) · plea: guilty
Convicted
61,101 · Bastrop County
Filed Mar 13, 2026 → Guilty or no-contest plea Aug 20, 2026 (5 months) · plea: nolo contendere
Confinement to Commence 08/20/2026 5 Days , County Jail, Bastrop County Jail Jail Credit 14 Days
26-04386-3 · Williamson County
Filed Jul 27, 2026 → Guilty or no-contest plea Aug 14, 2026 (1 month) · plea: guilty
Fees - Adult: (Grand Total: $0.00) Due 08/14/2026 Fine: $0.00 Fees: (Fees Total: $295.00) Additional Court Costs: $295.00 Credit for Time Served: $295.00 Comment: $270 Court Costs + $25 Reimbursement Fees= Total $295. Co

What is the punishment for Resisting Arrest Search or Transport in Texas?

Up to 1 year in county jail and a fine up to $4,000.

Charged asPossible confinementFineSource
Class A misdemeanor Up to 1 year in county jail Fine up to $4,000 Penal Code § 12.21

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

How much is bail for RESIST ARREST SEARCH OR TRANSP in Texas?

The median bail is $2,500, and 7% of defendants were released on a personal bond.

Across 109,571 Texas bail settings for this charge (168 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,500 – $5,000). 7% of defendants were released on a personal bond, and bail was denied in 1,806 cases. When this was the only charge at booking (12,270 records), the median was $2,000 and 14% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 10,829 $1,000 $750 – $2,500 7% 1%
El Paso 7,358 $2,500 $1,000 – $5,000 9% 3%
Travis 6,808 $5,000 $2,500 – $6,000 24% 1%
Dallas 6,166 $1,500 $1,000 – $3,500 1% 3%
Bexar 4,361 $2,000 $1,500 – $4,000 8% 3%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.